Rights Expression for Serial Content – Explicit and Implied James Mouw The University of Chicago Library

In the beginning….. Authors who have an idea –Research –Write –Prepare a manuscript 1 st transfer of rights (implied) –Send to…..

…The Publisher 2 nd transfer of rights (explicit) The publisher requires a transfer of copyright Explicit transfer of rights In essence, ownership transfers to the publisher Commonly understood, standard language

And so it goes

If only it were that simple Secondary publishers –3 rd transfer of rights –Implicit right to capture and publish factual information about serial publishing – author, title, publication, etc. –No language exists in paper world

Those pesky libraries 4 th transfer of rights – implicit Libraries hold the right to house and make available primary resources and indexing publications Copying up to the individual

Complications in the print world Reprint rights – unusual but explicitly granted Printed course packs Reserve copies – most libraries use fair use until exhausted then get explicit permission ILL – same as reserve Replacements

Enter the electronic world Authors –Continue to use content – online – and assume they have the same implicit rights they always did Publishers –Continue to hold copyright, and publish electronically with additional usage restrictions, transferred to scholars via library license

More Indexers –Increasingly pull data directly from publisher sites Libraries –Sign agreements but do little to inform their scholars of the terms of those licenses. Scholars assume – “if I click and I get there that’s all I need to worry about.”

Additional new players Aggregators Linking agencies PAMS ERM providers E-document providers Google Scholar Courseware and distance education Citation software

What is required for serial literature? Clear expression of usage rights information –From publisher to the material licensor to the scholar Licensing = Rights Expression

How to accomplish? DLF ERM process has made a good beginning

Key elements of DLF EMR

IS XML the answer?

Our Mission As gatekeepers of the information, libraries should be able to: –Receive rights in a standard expression language –Receive them in a transferable format (DLF EMR XML?) –Make those terms available to our scholars (display of ERM information) –Seamless access